Preview
FILED: NASSAU COUNTY CLERK 12/02/2022 09:47 PM INDEX NO. 610946/2022
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/02/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------------------)(
Masuda Begum and Motashem Billah Index No.: 610946/2022
Plaintiff, CJ>LR 3215 NOTICE OF
DEFAULT and
- against - AFFIDAVIT OF
MAILING
Associated Mutual Insurance Cooperative,
Erhardt Adjustment Co., Inc. and All Dry USA
Defendants.
----------------------------------------------------------)(
TO: Associated Mutual Insurance Cooperative, 39 Broadway, Woodridge, NY 12789
This notice is to inform you that you are currently in default in the above referenced action. An
additional copy of the summons and complaint 1S annexed hereto. The original service of the
summons and complaint has been made pursuant to CPLR Article 3 and Insurance Law J 212.
STATEOFNEWYORK )
) 55.:
COUNTY OF SUFFOLK )
Jonathan Edward Kirchner, being duly sworn deposes and says, the dcponcnt is 110t a party to the action, is over
18
years of age and resides at HUNTINGTON, NY.
That 011 the I st day of December 2022 he served the within CPLR 3215 Notice of Default, Affidavit of Mailing
upon Defendant Associated Mutuall.nsurance Cooperative, 39 Broadway, Woodridge, NY 12789, the address
designated by said entity for that purpose by depositing a true copy of same enclosed in a postpaid (first class)
properly addressed wrapper (bearing the legend "personal and confidential" and not indicating on the outside of the
envelope that the communication is from an attorney or concerns an alleged debt)in - a pos~mce - official
.'"
depository under the exclusive care and custody of the Uniled States Post Office depa,,";[ within the State orNew
York. b
Sworn to before me this
,\~lt22022
NO~~ Public
BRIAN P. HICKEY, JR
NOTARY PUBLIC. STilTG OF N[WYOR '
f1eqis\rall on I~o . 02H162:a174
2~'
Ouolified In SuHolk County
Commission Expires Aug. 23, 20"-:'
FILED: NASSAU COUNTY CLERK 12/02/2022 09:47 PM INDEX NO. 610946/2022
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/02/2022
IFILED,:".-NASSAU COUNTY CLERK 08/08/2022 04: 13 PM) INDEX NO, 610946/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/18/2022
SUPREME COURT OF THE STATE OF NEW YORK
COtJNTY OF NASSAU
--,---.•• ---.. --.. -.------.--.,. ---•. '.• -. -.... -,•. -"-",""--' ·-'X,
Masuda Begum and tvlotas hem BilJah IndexNo.:
Plaintiff, SUMMONS
.. ag(tins[-
Associat(;xlMu tual Insura nce Cooperative, Basis ofVeuuc:
Erhardt Adjustment Co., Ine. and All Dry USA Lo(;!~ti()nof Property
183 Cherry Street
Defendants. Farmingdale, NY 1 1735
.,-.-.. --.. -.-.... "-•.•.. -......... --.--.. -... --.. --............. -- _..X
TO THE ABOVE··NAMED DEFENDANTS:
Yon arc hereby summoned to appear and answer to the annexed complaint. in this action
and to serve a copy of your answer) or if the complaint is not served with this Slllnl,nons" to
se rve H notioe of appenranee on the Plainti IT'I) attorney within 20 days aftor tho service of
this S"llmrllOns, exclusive of th.e day of serviee (or within 30 days after: the serv ice is
complete if this SnnHJJOllS is not persollniJy delivered to you within the Slate of New York);
upon your failure to answer, judgment will be taken aga.inst YOl ,'o r the relief demanded in
::t::~:~:::;~::.t:~:~:l':st" disbm'em::~~~ ,~ll~~~
JuIY-6:.:J,? 2022 JO llat,pan 1~~rd Kirchner
JO~1~', ~E, dawwaa,r~I.I.(i.r~:h. ncr, P.e.
At~~eys for I JdlotlH
lA , ~t:ai.rt Strcd , 2nd FtQor
l:Tuntir,lgton, New Yod( 11743
(63\.) 74 1- 1880
TO:
Associated Mutual TnsunUlce Cooperativ()
39 Broadway
Woodridge, New YOi'k .1 2789
Erhardt A(~justm ent Co, lnc.
I ! 11ROllte, Suite 320
Farmingdal.e, NY ll.735
An Dry USA
999 South Oyster fillY Road, Sui.te t 12
Bethpage, NY 1.1714
1 of 'I
FILED: NASSAU COUNTY CLERK 12/02/2022 09:47 PM INDEX NO. 610946/2022
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/02/2022
IFILED:,...~NASSAU COUNTY CLERK 08/08/2022 04: 13 PM) INDEX NO. 610946/ 2 02 2
NY .GEF~ DOC .
",,'
NO. 1 RECEIVED NYSCEF: 08/18 /2 02 2
. ,../
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
. ---------- ------------------- --.-------. --". -----.----.. --X
Masuda Begum and Motushem Billnh Index No.:
Plaintiff, VKJUJfmn COi\JPLAJ.NT
- against-
Associated Mutual Insuram:e Cooperative,
El'hardt Adjustment Co. , 1nc. and All Dry USA
Defendants .
•--.. -.-------.... ----00.-.-.---........ .....-.......... ------....------.-....-x
Plaintiffs Masuda Begum ,lnd Motashem Billah, by their nttomeys, Jonathm) Edward
Kirchner, P. C., c0111plain5 of DotendallJs as follows:
I. Plurntiffi, reside at183 Cherry Street, Farmingdale, NY.
2. Plaintiffs the owners of 183 Cllerry Slre(}!, Fanningdnle, NY ("the prernlses").
(11\)
3. Upon information and belief, Associated Mutua! .Insurance Cooperative
("Associat'cd") was and stiJ1is a domestic corpo ration, ex isting under and hy the
virtue oJ the laws of the State of New York, with its pr.incipal place ofbusines~;
located in the State of New York.
4. Upon il1fonturtiot'l andbeli.ef, Erhardt Adjustment Co., Inc. (,'Erhardt") 'was and
still is a domestic corporation, existing under and by tbe yirt.ue of the laws of the
State of New York, w.ith its principal p lace ofhLlsiness located in the State of New
York.
5. Upon in6.mnatiol) and he1.ie(, All Dry USA ("All Dry") was and still is a domestic
corporation, (.~xisLing
undel' and by the virtue onhe laws of the Slate of Nevv
York,wititlts principal place of business located ·in the State of New Yorlc
2
2 of 7
FILED: NASSAU COUNTY CLERK 12/02/2022 09:47 PM INDEX NO. 610946/2022
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/02/2022
RECEIVED NYSCEF: 08/18/2022
6. At all l'e.lcvant tinlos, Associated was authorized to issue policies of insunHle~~ in
the State of New York.
7. PlniI)ti1Ts purchased the premises on or about October 2021.
8. The pr(:i.l1ises is and was a single-farnily home.
9. On or about October 2021, Plaintiff.<; wcre i:>sned a policy of home owner's
insurance forthe. premises.
10. Suid insurance policy was assign(xl Policy NumbcI' 720083249.
I I. At an times, Plaintiffs maintained an insurable interest in Hl(:prernises.
12. 01) Of ab{)ut April 27, 2022, the pl'l;)lnisesw!~re damuged by a water loss.
13. Plaintiffs made a claim with Associated and were assigned clainll1Urnber
7201242.
14. On or about Apr;J 27, 2022, AI I Dry entered into an agrcernent with PlaintifCr;
and/or Associated wherein All Dry would begin remediation at tbe premises.
15. Upon inf()rtl!ation and beLief, on or about April 28, 2022. Associated retained
Erhardt to adJust tht~ l()ss.
1.6. On or about Apdl 28, 2022, Erhardt Visited the pfomi.ses to begin adjusting tho
toss.
11. Erhardt briefly walked arcmnd the premises..
18. Erhardt cal.led Pla.intitfs a few days nner the visit and adv.iscd Plaintiffs tbat there
was a Jot of damage and l!lsurance would not cover it
19. On or about May ]1,2022, Associated sent a letter to PhintitJs advising that
Associated would not cover (he loss and that: the policy was rescinded as " the
3
3 of "/
FILED: NASSAU COUNTY CLERK 12/02/2022 09:47 PM INDEX NO. 610946/2022
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/02/2022
INDEX NO. 610946/2022
RECEIVED NYSCEF: 08/18/2022
building is not a one family residence with one aparlment as represented but,
iJlstead, there are three apartments bGing: lllaintained at the premises."
20. Upon inJo.n nation and belief: Assoc.i llted's decision to rescind the pohcy was
hased. in whole or part, 011 Erhardts' recoUlmendation.
FIRST CAUSE OF ACTION: BH.EACH OF CONTRACT
21. Plaintiffs repeat and reallege the preceding paragraphs:.
22 . .Prior to the water loss, for good and valuable com;j(hmltion, As:.mciatodissued a
policy of insurance to policy insured 0:10 premises against aJJ
PI ai:n tiffs, which
risk:!> ofloss.
23. The policy wns inlhlt force and effect Oil April 27,2022.
24. Subsequent to tll(~water loss, Plaintiffs submitted a datn] [.0 Associat.ed secking
recovery fc)rthe dnmages sustained. to the' premises as a resu.lt of the (:overed loss.
25. At all times, Plaintiffs complied with alJ conditions of the policy.
26 . Associated has flliledto indemnify PJuintiffwhich is a breach 01' contract.
27. As a result of Associate's breach of conti'nct, Plaintiffs have been damaged in a
sum far in excess oCtile jurisdiclionnllilnits of the lower Courts whi.c h would
otherwise have jurisd iction.
SECOND CAlJSE OF ACTION: NEGLIGENCE ACiA£NST E RHARDT
28. Plaintiffs repeat and reallege the preced ing paragraphs.
29. As an agent: of Associated, Erhardt owed a duty of Care to PlaintilIs.
30, Erhardt: did rIOt oxercise.reasouabJe oare whilt} inspecting tJ1C pre.mlses.
31..Erhardt's negligent and careless inspection led to Associated deciding to rescind
the policy_
4
4 of 7
FILED: NASSAU COUNTY CLERK 12/02/2022 09:47 PM INDEX NO. 610946/2022
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/02/2022
[FILED: NASSAU COUNTY CLERK 08/08/2022 04:13 PMl INDEX NO. 610946/2022
/ DOC. NO. 1 RECEIVED NYSCEF: 08/18/2022
32. Erhardt's ac.tions were the solcpT(}ximatc cause ofI>laintiffs' damages.
33. As a n~su1t ()fth~~above, Plaintiffs have beM damaged in stirn
1.\ far i.n exccss of
the jurlsdlctiollallimits.of the lower Courts which would othCfw.isc have
jurisdiction.
THIRD CAUSE OF ACTION: NECiUGENCE ACiAINS'I' ALL DRY
34. PlaintiJfs repeat and feaHegc the prccedi.ng paragraphs.
35. On or about April 27, 2022, All Dry and l)jaintiil'.; entered into an agrc('.mcml
wherein All Dry would begin remediation at the prenrises.
36. AH Dry owed a duty of care to PlaintiHs.
37. On. or about Apti127, 2022, All Dry f111t three high powered fan dryers ill the
dining 1'00111, of the pn:rniscs and plugged at! three dryers into the same olltlet.
3>8. AU Dry's actron ofplllgging sai d three dryers into one outlet was negligent and
breached its duty 01' care to .Plain(iffs.
39 . Plugging three high powered dryers into one oUI.letwas not reasonabh! under any
circumsfances.
40. Thereafter, Plaintiffs began to smel.lsmokc and see sparks coming frolll the outlet,
leading to a blackout.
41. As n rcsnll, PLaintiffs' property below was damaged and/or destroyed:
the ventilators ill the premi ses;
al.l
both garage door motors;
all the lightbulbs ill the preJui ses;
the refrigerator, dish washer, dryer, freeze.!' andnrultiple televisions,
42. All Dry's
Preview
FILED: NASSAU COUNTY CLERK 12/02/2022 09:47 PM INDEX NO. 610946/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/02/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------)( Masuda Begum and Motashem Billah Index No.: 610946/2022 Plaintiff, CJ>LR 3215 NOTICE OF DEFAULT and - against - AFFIDAVIT OF MAILING Associated Mutual Insurance Cooperative, Erhardt Adjustment Co., Inc. and All Dry USA Defendants. ----------------------------------------------------------)( TO: Associated Mutual Insurance Cooperative, 39 Broadway, Woodridge, NY 12789 This notice is to inform you that you are currently in default in the above referenced action. An additional copy of the summons and complaint 1S annexed hereto. The original service of the summons and complaint has been made pursuant to CPLR Article 3 and Insurance Law J 212. STATEOFNEWYORK ) ) 55.: COUNTY OF SUFFOLK ) Jonathan Edward Kirchner, being duly sworn deposes and says, the dcponcnt is 110t a party to the action, is over 18 years of age and resides at HUNTINGTON, NY. That 011 the I st day of December 2022 he served the within CPLR 3215 Notice of Default, Affidavit of Mailing upon Defendant Associated Mutuall.nsurance Cooperative, 39 Broadway, Woodridge, NY 12789, the address designated by said entity for that purpose by depositing a true copy of same enclosed in a postpaid (first class) properly addressed wrapper (bearing the legend "personal and confidential" and not indicating on the outside of the envelope that the communication is from an attorney or concerns an alleged debt)in - a pos~mce - official .'" depository under the exclusive care and custody of the Uniled States Post Office depa,,";[ within the State orNew York. b Sworn to before me this ,\~lt22022 NO~~ Public BRIAN P. HICKEY, JR NOTARY PUBLIC. STilTG OF N[WYOR ' f1eqis\rall on I~o . 02H162:a174 2~' Ouolified In SuHolk County Commission Expires Aug. 23, 20"-:' FILED: NASSAU COUNTY CLERK 12/02/2022 09:47 PM INDEX NO. 610946/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/02/2022 IFILED,:".-NASSAU COUNTY CLERK 08/08/2022 04: 13 PM) INDEX NO, 610946/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/18/2022 SUPREME COURT OF THE STATE OF NEW YORK COtJNTY OF NASSAU --,---.•• ---.. --.. -.------.--.,. ---•. '.• -. -.... -,•. -"-",""--' ·-'X, Masuda Begum and tvlotas hem BilJah IndexNo.: Plaintiff, SUMMONS .. ag(tins[- Associat(;xlMu tual Insura nce Cooperative, Basis ofVeuuc: Erhardt Adjustment Co., Ine. and All Dry USA Lo(;!~ti()nof Property 183 Cherry Street Defendants. Farmingdale, NY 1 1735 .,-.-.. --.. -.-.... "-•.•.. -......... --.--.. -... --.. --............. -- _..X TO THE ABOVE··NAMED DEFENDANTS: Yon arc hereby summoned to appear and answer to the annexed complaint. in this action and to serve a copy of your answer) or if the complaint is not served with this Slllnl,nons" to se rve H notioe of appenranee on the Plainti IT'I) attorney within 20 days aftor tho service of this S"llmrllOns, exclusive of th.e day of serviee (or within 30 days after: the serv ice is complete if this SnnHJJOllS is not persollniJy delivered to you within the Slate of New York); upon your failure to answer, judgment will be taken aga.inst YOl ,'o r the relief demanded in ::t::~:~:::;~::.t:~:~:l':st" disbm'em::~~~ ,~ll~~~ JuIY-6:.:J,? 2022 JO llat,pan 1~~rd Kirchner JO~1~', ~E, dawwaa,r~I.I.(i.r~:h. ncr, P.e. At~~eys for I JdlotlH lA , ~t:ai.rt Strcd , 2nd FtQor l:Tuntir,lgton, New Yod( 11743 (63\.) 74 1- 1880 TO: Associated Mutual TnsunUlce Cooperativ() 39 Broadway Woodridge, New YOi'k .1 2789 Erhardt A(~justm ent Co, lnc. I ! 11ROllte, Suite 320 Farmingdal.e, NY ll.735 An Dry USA 999 South Oyster fillY Road, Sui.te t 12 Bethpage, NY 1.1714 1 of 'I FILED: NASSAU COUNTY CLERK 12/02/2022 09:47 PM INDEX NO. 610946/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/02/2022 IFILED:,...~NASSAU COUNTY CLERK 08/08/2022 04: 13 PM) INDEX NO. 610946/ 2 02 2 NY .GEF~ DOC . ",,' NO. 1 RECEIVED NYSCEF: 08/18 /2 02 2 . ,../ SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU . ---------- ------------------- --.-------. --". -----.----.. --X Masuda Begum and Motushem Billnh Index No.: Plaintiff, VKJUJfmn COi\JPLAJ.NT - against- Associated Mutual Insuram:e Cooperative, El'hardt Adjustment Co. , 1nc. and All Dry USA Defendants . •--.. -.-------.... ----00.-.-.---........ .....-.......... ------....------.-....-x Plaintiffs Masuda Begum ,lnd Motashem Billah, by their nttomeys, Jonathm) Edward Kirchner, P. C., c0111plain5 of DotendallJs as follows: I. Plurntiffi, reside at183 Cherry Street, Farmingdale, NY. 2. Plaintiffs the owners of 183 Cllerry Slre(}!, Fanningdnle, NY ("the prernlses"). (11\) 3. Upon information and belief, Associated Mutua! .Insurance Cooperative ("Associat'cd") was and stiJ1is a domestic corpo ration, ex isting under and hy the virtue oJ the laws of the State of New York, with its pr.incipal place ofbusines~; located in the State of New York. 4. Upon il1fonturtiot'l andbeli.ef, Erhardt Adjustment Co., Inc. (,'Erhardt") 'was and still is a domestic corporation, existing under and by tbe yirt.ue of the laws of the State of New York, w.ith its principal p lace ofhLlsiness located in the State of New York. 5. Upon in6.mnatiol) and he1.ie(, All Dry USA ("All Dry") was and still is a domestic corporation, (.~xisLing undel' and by the virtue onhe laws of the Slate of Nevv York,wititlts principal place of business located ·in the State of New Yorlc 2 2 of 7 FILED: NASSAU COUNTY CLERK 12/02/2022 09:47 PM INDEX NO. 610946/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/02/2022 RECEIVED NYSCEF: 08/18/2022 6. At all l'e.lcvant tinlos, Associated was authorized to issue policies of insunHle~~ in the State of New York. 7. PlniI)ti1Ts purchased the premises on or about October 2021. 8. The pr(:i.l1ises is and was a single-farnily home. 9. On or about October 2021, Plaintiff.<; wcre i:>sned a policy of home owner's insurance forthe. premises. 10. Suid insurance policy was assign(xl Policy NumbcI' 720083249. I I. At an times, Plaintiffs maintained an insurable interest in Hl(:prernises. 12. 01) Of ab{)ut April 27, 2022, the pl'l;)lnisesw!~re damuged by a water loss. 13. Plaintiffs made a claim with Associated and were assigned clainll1Urnber 7201242. 14. On or about Apr;J 27, 2022, AI I Dry entered into an agrcernent with PlaintifCr; and/or Associated wherein All Dry would begin remediation at tbe premises. 15. Upon inf()rtl!ation and beLief, on or about April 28, 2022. Associated retained Erhardt to adJust tht~ l()ss. 1.6. On or about Apdl 28, 2022, Erhardt Visited the pfomi.ses to begin adjusting tho toss. 11. Erhardt briefly walked arcmnd the premises.. 18. Erhardt cal.led Pla.intitfs a few days nner the visit and adv.iscd Plaintiffs tbat there was a Jot of damage and l!lsurance would not cover it 19. On or about May ]1,2022, Associated sent a letter to PhintitJs advising that Associated would not cover (he loss and that: the policy was rescinded as " the 3 3 of "/ FILED: NASSAU COUNTY CLERK 12/02/2022 09:47 PM INDEX NO. 610946/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/02/2022 INDEX NO. 610946/2022 RECEIVED NYSCEF: 08/18/2022 building is not a one family residence with one aparlment as represented but, iJlstead, there are three apartments bGing: lllaintained at the premises." 20. Upon inJo.n nation and belief: Assoc.i llted's decision to rescind the pohcy was hased. in whole or part, 011 Erhardts' recoUlmendation. FIRST CAUSE OF ACTION: BH.EACH OF CONTRACT 21. Plaintiffs repeat and reallege the preceding paragraphs:. 22 . .Prior to the water loss, for good and valuable com;j(hmltion, As:.mciatodissued a policy of insurance to policy insured 0:10 premises against aJJ PI ai:n tiffs, which risk:!> ofloss. 23. The policy wns inlhlt force and effect Oil April 27,2022. 24. Subsequent to tll(~water loss, Plaintiffs submitted a datn] [.0 Associat.ed secking recovery fc)rthe dnmages sustained. to the' premises as a resu.lt of the (:overed loss. 25. At all times, Plaintiffs complied with alJ conditions of the policy. 26 . Associated has flliledto indemnify PJuintiffwhich is a breach 01' contract. 27. As a result of Associate's breach of conti'nct, Plaintiffs have been damaged in a sum far in excess oCtile jurisdiclionnllilnits of the lower Courts whi.c h would otherwise have jurisd iction. SECOND CAlJSE OF ACTION: NEGLIGENCE ACiA£NST E RHARDT 28. Plaintiffs repeat and reallege the preced ing paragraphs. 29. As an agent: of Associated, Erhardt owed a duty of Care to PlaintilIs. 30, Erhardt: did rIOt oxercise.reasouabJe oare whilt} inspecting tJ1C pre.mlses. 31..Erhardt's negligent and careless inspection led to Associated deciding to rescind the policy_ 4 4 of 7 FILED: NASSAU COUNTY CLERK 12/02/2022 09:47 PM INDEX NO. 610946/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/02/2022 [FILED: NASSAU COUNTY CLERK 08/08/2022 04:13 PMl INDEX NO. 610946/2022 / DOC. NO. 1 RECEIVED NYSCEF: 08/18/2022 32. Erhardt's ac.tions were the solcpT(}ximatc cause ofI>laintiffs' damages. 33. As a n~su1t ()fth~~above, Plaintiffs have beM damaged in stirn 1.\ far i.n exccss of the jurlsdlctiollallimits.of the lower Courts which would othCfw.isc have jurisdiction. THIRD CAUSE OF ACTION: NECiUGENCE ACiAINS'I' ALL DRY 34. PlaintiJfs repeat and feaHegc the prccedi.ng paragraphs. 35. On or about April 27, 2022, All Dry and l)jaintiil'.; entered into an agrc('.mcml wherein All Dry would begin remediation at the prenrises. 36. AH Dry owed a duty of care to PlaintiHs. 37. On. or about Apti127, 2022, All Dry f111t three high powered fan dryers ill the dining 1'00111, of the pn:rniscs and plugged at! three dryers into the same olltlet. 3>8. AU Dry's actron ofplllgging sai d three dryers into one outlet was negligent and breached its duty 01' care to .Plain(iffs. 39 . Plugging three high powered dryers into one oUI.letwas not reasonabh! under any circumsfances. 40. Thereafter, Plaintiffs began to smel.lsmokc and see sparks coming frolll the outlet, leading to a blackout. 41. As n rcsnll, PLaintiffs' property below was damaged and/or destroyed: the ventilators ill the premi ses; al.l both garage door motors; all the lightbulbs ill the preJui ses; the refrigerator, dish washer, dryer, freeze.!' andnrultiple televisions, 42. All Dry's